How are Wrongful Death Settlements Paid Out? Are Wrongful Death Settlements Taxable?
Wrongful death lawsuits are brought against a defendant accused of legal fault for the death of a loved one. The defendant may be a negligent driver, doctor, employer, caregiver or manufacturer or any other person or entity whose negligence caused the death of your loved one. A representative of the estate brings the claim on behalf of immediate family members or other parties depending on the laws of the state. The purpose of a wrongful death claim is to recover damages through a wrongful death settlement.
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Reminder to Fully Cook Ground Beef after Salmonella Kills One and Hospitalizes Eight Others
According to a statement by the Centers for Disease Control and Prevention on Friday, November 1, there have been 10 reported cases of Salmonella Dublin poisoning linked to ground beef across six states between August 8 and September 22. Victims range in age between 48 and 74 and 80 percent are male. While Salmonella Dublin infections are common among cattle, it does rarely infect people and cause infections in the bloodstream. One person has died, one was sickened and eight others have been hospitalized, giving this outbreak a hospitalization rate of 89 percent. According to Medscape.com, the normal rate of hospitalization for Salmonella poisoning is 20 percent, making this outbreak an outlier.
No recall has been issued at this time because no single, common supplier has been identified: the victims were sickened by beef sold under different brands bought at different locations. The CDC is not recommending that consumers return ground beef but is reminding the public not to consume raw or undercooked ground beef. In addition, consumers should store and handle ground beef according to food safety guidelines and cook it to an internal temperature of 160°F to kill any germs that might have been present. Use a food thermometer in a couple of spots to ensure meat has reached a safe temperature.
Symptoms of Salmonella poisoning
Symptoms of Salmonella poisoning include:
- Fever within 12 to 72 hours after eating contaminated food
- Diarrhea
- Abdominal cramps
A healthy adult is usually sick for four to seven days. The CDC warns that infants, children, seniors and anyone with a weakened immune system is at greatest risk for a serious illness, sometime life-threatening.
It is possible for someone to be infected with the bacteria but to not get sick or show any symptoms, unknowingly spreading the infection to others.
Contaminated food personal injury case
The federal government estimates that there are about 48 million cases of foodborne illnesses in the United States every year. When a person is seriously injured by contaminated food because of the negligence of another, they may be able to recover damages with the help of a personal injury lawyer.
In order to recover damages, the plaintiff and his or her personal injury attorney must show that injuries were caused by the contaminated food by providing medical records and calling expert witnesses, that the injuries caused damages such as pain and suffering, lost wages and medical bills and that the defendant is legally liable for the accident because of their negligence.
A personal injury attorney is best equipped to determine who the defendant is along the supply chain, gather evidence and build a case. They will also be able to assess the value of your claim and fight for the settlement you deserve.
If you have lost a loved one or been injured through no fault of your own, you have enough on your plate. Let an experienced accident attorney fight for the justice and fair compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the caring, tireless and experienced personal injury attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
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School Bus Recall Affects 53,528 Buses Nationwide
Thomas Built Buses announced in October that it is recalling 53,528 buses nationwide to fix a problem with seats that don’t meet federal regulations for leg protection if a crash occurs. Specifically, the seats may have been manufactured with styrene blocks that may not provide acceptable impact absorption in some areas around the steel seat frame of the back support. The recall was filed Oct. 4, 2019 with the National Highway Traffic Safety Administration’s Office of Defects Investigations. According to the recall notice, there have not been any reports of injuries related to the defective seats. Official notifications are scheduled to be sent out Dec. 2, 2019.
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Nestlé Recalls 26 Cookie Dough Products Due to Possible Presence of Rubber
Nestlé USA has issued a recall of some of its signature ready-to-bake Toll House Cookie Dough products. A company press release says that the voluntary recall is “due to the potential presence of food-grade rubber pieces.” The 26 recalled products were sold in the United States and Puerto Rico only and include Nestlé Toll House Cookie Dough bars, tubs and tube shaped “chubs.”
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Pakistani Pediatrician Charged with Medical Negligence and Manslaughter after Allegedly Reusing HIV Infected Syringes
As reported by the Independent.co.uk, almost 900 Pakistani children and about 200 adults have tested positive for HIV in the city of Ratodero after receiving injections from a doctor that allegedly reused HIV infected syringes. Some children have died after becoming infected and those that are living with the disease are often shunned because of a misunderstanding that HIV can be contracted by touch. Health officials believe that the true number of those infected could be higher as they have tested less than one quarter of Ratodero’s 200,000 residents to date. According to the United Nations’ taskforce on HIV and Aids, HIV infections in Pakistan have nearly doubled to 160,000 since 2010.
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Obstetrician in Portugal Suspended in Failure to Diagnose Case
As reported on bbcnews.com, medical council officials unanimously voted to suspend a Portuguese obstetrician for six months after a baby was born in his care without a nose, eyes or part of his skull. Dr. Artur Carvalho is being accused of negligence for a failure to diagnose and notify the parents of baby Rodrigo about their son’s severe physical abnormalities despite the three ultrasound scans performed during her pregnancy under his care. Making matters worse, the mother had a fourth, more detailed ultrasound at a different clinic when she was six months into the pregnancy and was told that there could be abnormalities. When she brought up the risk to Dr. Carvalho, he allegedly dismissed the concerns. When the baby was born with the obvious disfigurements, his parents were told that he would only live a few hours but he is still alive and in hospital care after a few weeks.
In light of this allegation, at least six other medical complaints about this OBGYN involving a failure to detect health issues in other babies have been brought to light. Many Portuguese citizens are outraged as its been revealed that several criminal complaints brought by these parents against Dr. Carvalho were dismissed. Questions are being asked about the country’s procedures for complaints against health professionals. While Dr. Carvalho has not publicly commented on any of the complaints made against him, he has agreed to stop performing procedures while he is under investigation according to Miguel Guimarães, president of Portugal’s medical association (Ordem dos Médicos).
What is failure to diagnose in a birth injury case?
According to birthinjuryguide.org, failure to diagnose has happened when a healthcare provider failed to properly detect and diagnose an illness or condition that could have otherwise been treated. In some cases, the healthcare provider misses the condition entirely and in others the condition is misdiagnosed. Failure to diagnose a health condition can lead to severe long-term injuries, sometimes even death.
When a patient’s OBGYN fails to diagnose a health condition during a pregnancy that directly leads to birth injuries to the mother or infant, there may be an option to bring a medical malpractice claim to recover damages. Damages range from pain and suffering and mental anguish to funeral expenses, medical bills and more.
Common reasons for failure to diagnose during a pregnancy:
- Failure to identify fetal distress
- Failure to detect/monitor infections in the mother
- Failure to detect/monitor/treat gestational diabetes or preeclampsia
- Failure to review the mother’s medical history
- Failure to conduct a thorough medical exam
- Failure to order appropriate tests or screenings
Seek the help of a birth injury lawyer
If you or your infant sustained a birth injury because of medical negligence or you lost a loved one due to a preventable medical error during birth, you have enough to deal with. Let an experienced birth injury attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a medical negligence lawyer. Call the most experienced practicing medical malpractice attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing people injured by medical negligence in Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
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What Would It Look Like if Cars Could Stop Drunk Driving?
According to a report by NPR.org, a team of bi-partisan senators introduced legislation last week that would require all new cars and trucks to come built with alcohol detection systems by 2024. The Reduce Impaired Driving for Everyone Act of 2019 (RIDE ACT), would also benefit government funded research into new breath and touch-based sensors that monitor a driver’s blood alcohol level in real-time to the tune of $10 million and allocate an additional $25 million to test and implement the technology in government-owned fleets.
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Johnson & Johnson Recalls Baby Powder in the US after Asbestos Found
On October 18, 2019, Johnson & Johnson voluntarily recalled 33,000 bottles of baby powder in the U.S. after health regulators discovered trace amounts of asbestos in a bottle bought online. According to a statement by Johnson & Johnson, the company has reviewed prior tests and found that they came back negative for asbestos. In addition, J&J “…is working with the FDA to determine the integrity of the test, and the validity of the test results.” They suggested that the product involved in the test might have been counterfeit or compromised. The company says its internal investigation could take 30 days or more.
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Amusement Park Accident Leads to Death of 10-Year-Old Girl
As reported on globalnews.ca, a 10-year-old girl died in an amusement park accident at the Deerfield Township harvest festival in New Jersey on Saturday, October 12. The child was ejected from a ride called Wisdom Super Sizzler and suffered serious injuries. The girl was airlifted to a hospital but was pronounced dead later that evening. A statement by the New Jersey State Police confirms that they are looking into the matter and that they have not concluded the cause or circumstances of the incident. The amusement ride operator shared on their Facebook page that they are cooperating with the investigation.
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Taco Bell Recalls Seasoned Beef After Customer Finds Metal Shaving in Food
Taco Bell has voluntarily recalled 2.3 million pounds of seasoned beef after three customers found metal shavings in their food order. According to the U.S. Department of Agriculture (USDA), there are no confirmed adverse reactions to this Taco Bell beef but Taco Bell had pulled the beef from all affected restaurants by midday Monday, October 14. The recalled seasoned beef taco and burrito filling was processed by Kenosha Beef International, located in Columbus, Ohio and shipped to Taco Bell restaurants in 21 states through distribution centers in Michigan, New Jersey, New York, Ohio and Virginia. The food processor announced the recall on Monday, October 14 after hearing of the complaints on October 12. The beef involved in the recall was made between September 20 and October 4.
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